Likely/ ActualDate
Recent and Forthcoming Developments
1 October 2011
National minimum wage rises. The adult rate will increase from GBP 5.93 to GBP 6.08 an hour; the rate for 18-20 year olds will increase from GBP 4.92 to GBP 4.98 an hour; the rate for 16-17 year olds will increase from GBP 3.64 to GBP 3.68 an hour; and the rate for apprentices will increase from GBP 2.50 to GBP 2.60 an hour. The Government estimates that 890,000 of Britain's lowest-paid workers will gain from these changes. The announcement can be viewed here.
Agency workers to get equal rights. The Agency Workers Regulations 2010 implement the Temporary Agency Workers Directive (2008/104/EC) and grant agency workers the right to equal treatment in matters of pay and conditions as staff hired directly by the employer once the worker has satisfied a 12-week qualifying period. Guidance on the Regulations can be found here.
4 January 2012
Last day on which an employee can make a statutory request to his or her employer not to retire on the intended date of retirement under the statutory retirement procedure.
June 2012
Extra bank holiday to celebrate the Queen's Diamond Jubilee. The late May bank holiday will be moved to Monday 4 June and an extra bank holiday added on Tuesday 5 June to form a long weekend of celebration. Further details can be found here.
By 2012
The revised Directive on Parental Leave extends parental leave from three to four months for each parent. Currently under the Maternity and Parental Leave Regulations 1999 parents in the UK can take 13 weeks leave. At least one month must be non-transferrable to the other parent (i.e. it is lost if not taken) to encourage fathers to take the leave. Other new elements include the clarification that all workers are covered, regardless of the type of their contract (e.g. fixed-term, part-time and temporary agency workers). The new directive also provides for better protection against discrimination and ensures a smoother return to work. A worker applying for or taking parental leave must not be treated less favourably for doing so. When returning from parental leave, workers may request changes to their working hours for a limited period. Employers must consider and respond to such requests, taking into account both employers' and workers' needs. Any Penalties are to be decided by Member States. The revised Directive can be viewed here.
In 2012
Government intends to implement secondary legislation to amend the Working Time Regulations. The Government is currently consulting on proposed changes to the Working Time Regulations take account of European Court of Justice case law that has established that workers unable to take their annual leave due to sickness absence or maternity or parental leave in the current leave year must be able to carry it forward into the following leave year. The consultation can be viewed here.
5 October 2012
Latest possible date for retirement under the statutory retirement procedure. If an employer allowed an employee to work beyond his or her intended day of retirement, the maximum extension possible allowed by the DRA provisions is six months.
2012 onwards
The Pensions Act 2008 introduces automatic enrolment of eligible employees into, and mandatory employer contributions to, qualifying pension schemes. This will be phased in from 2012 over a period of 5 years. The Act also creates new offences, such as wilful failure by an employer to comply with the Act’s automatic enrolment provisions, punishable by up to two years’ imprisonment and/or a fine. A new head of automatic unfair dismissal is created, covering the situation where employees are dismissed as a result of exercising their rights under the Act, or as a result of the employer being prosecuted for an offence under the Act. Workers are also given a new right not to suffer a detriment as a result of enforcing their rights under the Act. The text of the Act can be viewed here. The Consultation on the introduction of the new schemes can be viewed here.
2012
The Pensions Act 2008 introduces automatic enrolment of eligible employees into, and mandatory employer contributions to, qualifying pension schemes. The Act also creates new offences, such as wilful failure by an employer to comply with the Act’s automatic enrolment provisions, punishable by up to two years’ imprisonment and/or a fine. A new head of automatic unfair dismissal is created, covering the situation where employees are dismissed as a result of exercising their rights under the Act, or as a result of the employer being prosecuted for an offence under the Act. Workers are also given a new right not to suffer a detriment as a result of enforcing their rights under the Act. The Act can be viewed here.
by 2013
The Education and Skills Act 2008 obliges employers in England and Wales to release young people for education or training, and check whether a young person is participating in education or training before employing them. The text of the Act can be viewed here.
2015